school grad died. the driver charged with felony dui. this woman is upset her ex-boyfriend, someone she calls her best friend, is dead. >> when they told me, i pretty much collapsed. it is shocking. >> reporter: he was in a with his friend this morning when police say penning's car hit a pole, a tree and then caught fire near the expressway. firefighters say he was trapped inside the burning car and died. >> this morning, like, people -- they are just like staring at me, i didn't know what was going on, i knew there was a crash but i was just hoping to god it wasn't him. >> reporter: penning, who left his car before it caught fire, officers arrested him on charges of felony dui, felony hit and run and vehicular manslaughter. >> i'm really distraught right now. i'm shocked. i didn't know what i should say right now. my words, have somebody,

designated driver help you, if you are plan on driving, please take it safe. >> reporter: this accident follows another accident last week involving teenagers navado, where a car lost control and collided with a tractor trailer carrying cattle a 15-year-old passenger died. the c had hp arrested a 16-year-old driver for felony dui. >> it is a wakeup call to everyone around here who thinks they are invincible and it is -- people are going to have to learn from t. >> reporter: friends say they graduated from leyland high school last june. several students left campus when they found out what happened. >> really hit me hard. but now, i'm just -- i don't know about my emotions now it is just going wild. i can't believe, like what actually happened happened. >> reporter: in a couple of hours, at 7:00 there will be a candlelight vigil here at this intersection where you see people already gathering. live in san jose, george care y'all marks nbc bay area with news. >> all right, george. and a developing story now.

attorney general jerry brown and his lawyers are demanding that executions resume in california as soon as next week. a u.s. district judge is considering the state's arguments that new lethal injection regulations will ensure that condemned inmates will not suffer cruel and unusual punishment. executions were suspended in 2006 but next week, a man from southern california is scheduled to be executed, the first of more than 700 inmates awaiting execution on california's death row. new tonight at 5:00, a bay area man is accused of manipulating his mentally disabled girlfriend into prostitution. now is there an all-out search to find him. south san francisco police received a tip claiming that this man, 27-year-old nicholas jerenias advertised sexual services involving his 21-year-old girlfriend on several different websites. investigators found the woman, who verified the story and told police she gave the money she earned to jerenious.

anyone with information is asked to call the police. today marked day 83 without a state budget and students are paying the price. community colleges statewide are turning away thousands of students and cutting classes. nbc bay area's damian trujillo is live at city college tonight where millions of dollars at stake with further budget delays. damian? >> reporter: lisa if there is no budget by next tuesday, community colleges stand to lose $840 million in delayed funding. one south bay college saw the consequences of that firsthand today. the fountain at de anza college might exempt priv fit state of affairs at campuses statewide. classrooms are overflowing. >> no i haven't seen anything like this. i have been going to jc here like five years now, and i have never seen it this bad. >> reporter: students on waiting lists this first week of school cram into classrooms, hoping to add a class, grabbing whatever

seat they can. >> school is packed and everyone is on the wait list. my friends are on the wait list some hard getting in classes nowadays, with all the budget cuts. >> reporter: community colleges lost 8% of their bunnell threat year, forcing them to slash courses and forcing students to battle it out for any vacant seats, anything to be counted as a full-time student. >> i'm not even gonna make the minimum units to get whatever health care you need to be a full-time student for. >> reporter: students is sit outside packed classrooms, visibly frustrated. their professors inside -- >> for the first few days, it is a bit of mayhem. >> reporter: joining in the crowded classroom frustration. >> we have been trying to address room that comfortably holds 40 people, already at a bit of a disadvantage trying to speak to that many people at once but if you have folks sitting in the aisles and clearly uncomfortable and fin jetting they can't find a space, they are frustrated it makes it more difficult.

>> reporter: wouldn't you know it during lunchtime festivities, yes, they were playing the blues. during this budget impasse, community coverages have to borrow money to help pay the bills that is costing them roughly $5 million that is money they will never see again. lisa? >> students, are they taking class these don't really need just to be classified as full-time students? >> reporter: well, that is if they can get into those classes, lisa, but yes, some of them are because if you heard that one student, if they want to remain on their parents' health insurance plan, they have to be full-time students it is rough going out there. >> sure is. thanks for that live report. the san francisco board of supervisors voted today to ban cigarette sales in stores with on-site pharmacist. the decision expands an earlier city wide ban on tobacco products in drug stores. the new law will also include big box grocery stores, like

safe way and costco, which have pharmacist. supporters say cigarettes shouldn't be sold in the same police as products meant to promote health. opponents say the law restricts free democrat of choice. the board will take the final vote on the ordinance next week. alameda county sheriff detectives are search for a man who tried to kidnap a 12-year-old girl near a castro valley school on friday. we have a sketch of the man who approached the girl near canyon middle school around 7:00 in the morning. the man was driving a dark red or maroon four-door sedan and repeatedly asked the girl to get into his car while driving alongside her for several hundred feet. investigators believe the car is similar to a ford taurus with a small spoiler in the back. from city hall to behind bars, the mayor and ex-city manager of the l.a. suburb of bell are just two of eight city officials arrested today in a shocking corruption scandal. our nbc station in l.a. was at the home of ex-city manager, robert rizzo, this morning when

police there took him into custody, took him away in handcuffs much the l.a. county d.a.'s office claims rizzs zbloefs the ring loaders that have scheme that cost the blue collar city more than $5.5 million in excessive salaries and illegal personal loans. rizzo alone earned an annual salary of $800,000. >> the complaint alleges they used the tax dollars collected from the hard-working citizens of bell as their own biggie bank, which they then looted at will. >> all eight current and former city leaders expected to make their first court appearance tomorrow. california's biggest union is getting behind proposition 119, the ballot initiative that would legalize emergency. 700,000 california members endorsed prop 19 yesterday, saying it will help the state save jobs and avoid cuts to health care, home care and education. but it is unknown how much time or money the union will donate.

the president of that union wrote a letter vowing to help prop 19, but also acknowledged most of the union's resources will go toward the governor's race. first lady, michelle obama, is jumping into the political fray. the white house says mrs. obama will be making at least nine political appearances in six states next moment, including california, as the midterm elections approach. the first lady will come to california to campaign for senator barbara boxer and to attend democratic national committee fund-raisers in los angeles. polls show that right now, the first lady is more popular than her husband, the president. well, still ahead tonight at 5:00, no cell towers, no reception, no problem. the new phone on the market today with a whopping $800 price tag. also ahead this evening, putting a price on the obesity epidemic. how much it's costing men versus women. a new report on cyberbullying reveals a potentially dangerous trend. and the military's don't ask, don't tell policy faces a

major vote in congress. we will have the latest. and good afternoon, i'll meteorologist jeff ranieri live in redwood city. salsa and chips will take stage this weekend in a redwoodt hospital. we will have full details on this spicy event coming up, plus a hot weekend forecast just minutes away. stick around. our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats

but as californians first. at this stage in my life, i'm prepared to do exactly that.

a move by senate democrats to repeat military's don't ask, don't tell policy, and let gays serve openly in the armed services fell short today it san issue democrats hoped would help them in the fall and what is a big reason why it failed on the

mostly party line vote, as republicans voted thumbs down. >> i stand here today on two good legs again, as a proud gay marine. >> democrats rolled to out their big guns, eric album, one of the first u.s. troops hurt in the iraq war. >> someone who served in battle along with other marines who knew i was gay. it did not matter. >> reporter: alba got a medical discharge but since don't ask, don't tell took effect in 1993, 13,000 men and women have been kicked out of the military. >> it is long pastime to repeal this policy, which is both unjust, un-american and extremely hurtful to the effectiveness of our military. >> reporter: but republicans blocked the vote. >> the motion is not agreed to. >> reporter: john mccain opposes repeal. >> the senate goes down this path, we could be ignoring the views of the troops and casting aside the professional military advice given by each of the four service chiefs.

>> reporter: in fact, just before president obama awarded a medal of honor today, the marine he has chosen to keep command of the corps said don't let gays serve openly yet. >> not quite sure what the impact will be on an all-volunteer force. >> reporter: a bigger blow came from republican susan collins, who backs repeal, but not to help democrats win more gay votes. >> now is not the time to play politics simply because an election is looming in a few weeks. >> this ain't over. >> republican lawmakers also stalled a senate measure to allow children of undocumented immigrants a path to citizenship. supporters backing the plan demonstrated in san francisco today. the dream act, as it was called, allows young people to become legal u.s. residents after they spend two years in college or the military. it applied to people who were under 16 when they arrived in the u.s., have been in the country at least five years and

have a diploma from a u.s. high school or the equivalent. republicans accused democrats of trying to cater to hispanic voters. obesity not only hurts your health had it can also hurt your bank account, especially if our woman. researchers crunched the numbers and here's what they found. the annual cost for being obese is $4,879 for a woman, $2,646 for a man. researchers at george washington university added in things like employee sick days, lost productivity and a need for extra gas. that's much more than just being simply overweight, which costs $524 for women, $432 for men. a new report on alzheimer's claims the cost of caring for patients will nearly double over the next 20 years. about 35 million people around the world suffer from some form of dementia. the total costs are estimated to top $600 billion this year. for perspective that is the equivalent of the world's 18th

largest economy. those costs are expected to increase 85% by the year 2030, with millions of baby boomers at risk, the group, alzheimer's disease international, says the u.s. needs a plan. >> we need more research. we need a plan for alzheimer's so that we can see the changes occur for the people who would otherwise suffer from the disease in the years ahead. >> alzheimer's research are reports delivers 100,000 signatures to capitol hill today, asking congress to make alzheimer's a national priority. well, there are summits, as we know, for all sorts of different topics. now, you can attend the bed bug summit. it is believed to be the first of its kind and it opened in chicago. bed bugs are spreading throughout the united states from college dorm rooms to marine barracks. the summit, which is reportedly sold out is bringing together some of the leading experts on bed bugs to explore ways to solve the problem. several products to fighted b bug infestations will be on

display. coming up at 5:30 on "nbc nightly news," we will take you inside that bed bug summit coming up immediately after this broadcast. from bed bugs to weather. >> let's go to redwood city, it's not bed bugs that jeff is interested in, but it is the salsa festival. hello, jeff. >> yes, hey, hello to the both of you. you know, i have my dancing shoes on down here. we have the outdoor dance floor set up and it is about the redwood city salsa festival, as we head into this weekend, not only the dancing but also the food. let's set the scene for you all happening here at the courthouse square in redwood city this saturday. the music stage is starting to go up. as you mentioned, the outdoor stage is going to -- is getting set up, going to have plenty of dancing and we are going to give you a taste of the redwood city salsa festival. joining us now, rush, you are with whole foods?

>> i am. >> what is the taste of the redwood salsa festival going to be today? >> tasting a roasted air loom tomato salsa. >> that sounds great. let's get these things going here. >> using all local organic products a couple of cloves of garlic. >> garlic. >> we have preroasted all of these. >> you want me to mash these they go in? >> go for t. >> what is the next ingredient? >> one hall pain yo, so the hall pain yo and the garlic first, because we want those to be the smallest. >> seems pretty easy, i might be able to do this at home. even throw it in the food processor. >> the hall pain yo, the garlic. >> the aheirloom tomatoes. >> the heirloom tomatoes is the third ingredient, just smash this up and then -- wow -- look at all that juice coming out of there. what is the fourth ingredient? >> some cilantro and salt salt

to finish it off. >> that is it? >> that is it. >> the good thing about salsa it speeds up your metabolism? >> the spice does. >> this is the unfinished product. we are going to try some of that when we come out of the weather map. let's get to the weather maps there goes the spoon t is all about salsa out here at the redwood city salsa festival happening on saturday. nice job. >> thank you. >> let's take a look at our weather headlines, we head throughout tonight and tomorrow. we are looking at the fog at the coastline, temperatures that will be relatively cool inland, in the north and the east and the south bay with mid-50s and as we head throughout the next couple of days, looking at high pressure moving in, it will help things warm on up with temperatures eventually by thursday, friday and saturday, popping up to the 80s and potentially 90s here. forecast, looking at mid-50s, the east and the south bay, we head into tomorrow at 2 p.m. it is going to still be on the

milder side work low to middle 70s coming back across the bay area. now this redwood city salsa festival it is going to be happening once again on saturday, we are getting a taste of it out here, going to have some salsa dancing coming up, the temperatures going to be hot to go along with that spicy salsa on saturday, as we are looking at the salsa tasting, music, also art, even some tequila tasting i heard, if you are into that. on your 7-day forecast, temperatures slowly and surely going to be warming up as we head into saturday and sunday. we are looking at low to middle 90s inland and it is going to be hot for this festival. all right. let's come back out here live. can can you hold this for me? a basic drawing for the anchors. tom and lisa, back live, respect we? take a look at this. here is me right here. here is my salsa dance instructor. coming up in the 6 p.m., yes, it is all about salsa dancing. and i am going to get on the dance floor. >> oh, my god. >> get ready for that.

>> you better figure out how to animate those things by the time we get back there jeff. we are looking forward to that. >> he will be muy caliente. >> see you then. kickoff for nbc's prime time fall lineup continues tonight with a premiere of the season 10 of "the biggest loser." the theme this year, pay it forward. the goal is to encourage communities to get healthy and not just contestants. so trainers bob and jillian will travel to seven cities in the premiere episode and each of those seven cities there will be three hopefuls competing in challenges. the two candidates who compete the fitness challenge first win a spot at the ranch. the biggest loser is on from 8 to 10:00 followed by an all new "parenthood." of course, tune in at 11:00 for nbc bay area news at 11:00. still here at 5:00, the $800 cell phone that will work virtually everywhere s there a catch and when can you buy one? a father's fury caught on tape. today, the dad who created

national debate on protecting your own kids speaks out for the first time. and paris hilton finds herself in a bit of a situation as she travels to japan. cktolinedk to her court case wh e [ male announcer ] as the ceo of hp, carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht.

and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message.

can can you say sayonara? so much for putting it behind her. tonight, stuck in a japanese hotel, paris hitson not allowed to wander the country it comes one day after she pled guilty to cocaine possession charges. hilton's reps say she flew to january on business and was detained for questioning as she got off the plane. immigration authorities are allowing hilton stay at the airport hotel until the matter is resolved. japan does have strict policies about letting people into the country with recent drug convictions. a florida father who made national headlines for defending his daughter issued a tearful apology today. the cameras were rolling as james jones stormed a school bus there to confront students he believed were bullying his

daughter, who has cerebral palsy. jones now says he knows he was out of line. . i would like to apologize to the parents of the families of the kids that were involve and the this case were not involved with my language. i strongly believe we should do it a different way, but at that time, the heat of the moment, i did it the bad way, 'cause my daughter broke my heart by standing there crying and not knowing she wasn't going to get on that bus. >> jones was charged with disorderly conductful his daughter will not return to that middle school. well, a new study claims that the victims of cyberbullying may be more depressed than victims of traditional bullying. researchers say since cyberbullying victims don't have a face-to-face confrontation, they can feel more isolated or dehumanized. previous studies on traditional bullying have shown both the bully and the victim report being depressed. studies show that nearly 15% of students between sixth and tenth

grades have been involved in a cyberbullying incident. >> we will be right back with the $800 cell phone. >> of course. [ male announcer ] jerry brown's good old days. but what really happened? cnn -- not me -- cnn says his assertion about his tax record was "just plain wrong." jerry brown went out there and took credit for the fact that the people of california voted for proposition 13, which lowered taxes, which he opposed. and now he's going around taking credit for it. he raised taxes as governor of california. he had a surplus when he took office and a deficit when he left. he doesn't tell the people the truth.

after years of criticism over dropped calls and spotty coverage, at&t is looking to the heavens for a solution. today, the company unveiled the terra star genus smartphone. the phone uses at&t service, but it switches to satellite in remote areas were there are no nearby towers, so that means blanket coverage of the u.s., even in the wilderness, or hundreds of miles offshore. the price tag, $799 up front for the phone, without any of the bells and whistles. at&t will initially be selling

it to professional customer bus it will be in retail stores later this year. how about that? >> cost $99 in two years, too. nightly news next.

our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to make some tough decisions. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval.